Calcutta High CourtCRM (A)/3509/2023allowed

Tajnara Bibi @ Tanjera Bibi v. State Of West Bengal

2023-08-30Honble Justice Chitta Ranjan Dash,Hon'Ble Justice Partha Sarathi Sen3 pages

C.R.M. (A) 3509 of 2023 30.08.2023 SL. 60 Court No. 29 Suvayan (Allowed) In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with Baishnabnagar Police Station Case No. 428 of 2023 dated 09.07.2023 under Sections 341/307/325/326/302/34 of the IPC.

And In the matter of: Tajnara Bibi @ Tanjera Bibi ....petitioner.

Mr. Mrityunjoy Chatterjee Mr. Debapriya Majumder ...for the petitioner.

Mr. Binay Panda Ms. Puspita Saha ...for the State.

Mr. Swakshar Kumar Mondal ...for the de facto complainant.

1. Heard learned Counsel for both the parties.

2. So far as the assault on the deceased is concerned. It is fairly submitted at the Bar that one Kabir Sk had stabbed the deceased with a knife from his backside which subsequently caused his death. So far as the present petitioner (who is a lady) it is alleged that she along with others were present in the offending group being armed with weapons. However, no specific overt act has been attributed to the present petitioner so far as the death of the deceased is concerned.

3. Regard being had to such facts and submissions, factum of permanent residence of the petitioner, nature of allegation and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of her arrest in the aforesaid P.S. case on such terms and conditions as deemed just and proper in the facts and circumstances of the case including the condition that: i) The petitioner is directed to appear before the I.O.

for the purpose of investigation as and when required from sunrise to sunset till submission of F.F.

4. The concerned Arresting Officer is hereby directed to act upon the server copy of this order.

5. Within 21 days from today the petitioner shall appear before the I.O. alongwith a server copy/certified copy of this order. If server copy is supplied, learned I.O. shall act upon that.

6. Accordingly, the prayer for the anticipatory bail is allowed.

7. The application being CRM (A) 3509 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)